Smith v. Montgomery County Sheriff's Office et al

Filing 152

ENTRY AND ORDER OVERRULING SMITHS OBJECTIONS (Doc. 150 ) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS REGARDING RELIEF FROM JUDGMENT ANDADOPTING THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS (Doc. 145 ) REGARDING RELIEF FROM JUDGMENT. Signed by Judge Thomas M Rose on 2/28/2013. (kf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BILLY M. SMITH,
Case No. C-3:10-cv-448
Plaintiff,
Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vMONTGOMERY COUNTY
SHERIFF’S OFFICE, et al.,

Defendants.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING SMITH’S OBJECTIONS (Doc.
#150) TO THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS REGARDING RELIEF FROM JUDGMENT AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS (Doc. #145) REGARDING RELIEF FROM
JUDGMENT
______________________________________________________________________________
Plaintiff Billy M. Smith (“Smith”) has filed a Motion for Relief From Judgment. (Doc.
#144.) Magistrate Judge Michael R. Merz recommends that Smith’s Motion be denied because
Smith has not shown excusable neglect or shown that he presented evidence in opposition to
Defendants’ motions for summary judgment. Also, Smith has not shown that the Defendants
would not be prejudiced if his Motion were granted. (Doc. #145.)
As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the
District Judge has made a de novo review of the record in this case. Upon said review, the Court
finds that Smith’s Objections to the Magistrate Judge’s Report and Recommendations regarding
his Motion for Relief From Judgment are not well-taken, and they are hereby OVERRULED.
The Magistrate Judge’s Report and Recommendations regarding Smith’s Motion for Relief From
Judgment is adopted in its entirety. Smith’s Motion for Relief From Judgment is DENIED.

DONE and ORDERED in Dayton, Ohio, this Twenty-Eighth Day of February, 2013.
s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATED DISTRICT JUDGE
Copies furnished to:
Counsel of Record
Billy M. Smith at his last address of record

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